Thursday, March 3, 2022

Why the Delhi High Court quashed an FIR with rape, POCSO Act charges ?

The power of Section 482 CrPC

The Delhi High Court recently quashed a first information report (FIR) filed for rape and offences under the using its inherent powers under Section 482 of the Code of Criminal Procedure (CrPC)
The facts of the case, the father of a minor girl had in 2019 filed a missing person complaint alleging that the petitioner, then 18 years old, had kidnapped his then 16-year-old daughter. After the FIR was lodged, the mother of the petitioner handed over the girl to her parents. The girl gave a statement to the police that she had married the petitioner and was seven months pregnant. On the basis of her statement, charges of rape and POCSO Act offences were added to the FIR.
After the petitioner was granted bail, he and the girl performed a formal wedding ceremony in the presence of friends and family. Soon thereafter, the girl delivered a baby boy.

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